Does the police even have a case?

Question

A friend of mine recently moved out of his house because of desputes with the landlord. Although the house was in his name, the land was not. So the house could be kept up, his sister moved her belongings there and changed all of the bills into her name although she only stayed there occasionally. Well, she got into a fight on the property while her brother (the owner of the house) was visiting. Now, not only is she being charged with assault, the city is trying to charge both of them with fraud because he left with an outstanding water bill and she transferred the bill into her name. He was never staying there, but they say that because the house was still in his name that they have probable cause to arrest.

The two never made a rental agreement between the two of them, but she has an agreement between her and the landlord and a notice for him to vacate from the landlord.

The officer changes his story depending on who he talks to but in general he is saying that he has a warrant for both of them and the charges are being looked at the the Disctrict Attorney. How is any of this possible if no arrest has been made? Do they even have a case?

Answer 1

I would speak to his superior officer as he seems to be making something out of nothing. If it did go as far as court the judge should be made aware of the tactics this idiot has adopted in his quest for a conviction. Anyone with half a brain would kick it out before it got that far and it's my guess that's what will happen.

Answer 2

Ask a lawyer, it is illegal to give legal advice without being a lawyer.

Seeing how important this is, I would ask a pro....

Answer 3

The charges are being looked at by the District Attorney. This is who  will decide if there is a case.

Not really sure what the heck you mean by the land is not in his name but the house is? The only thing I can see is if it were a mobile home. In any event, if the sister and brother had an agreement that she would assume payment of the bills and any of his outstanding accounts I fail to see how this is fraud of any kind. I can offer to assume everyones water accounts and other bills if I chose...it's not illegal to pay someone elses bill.

You can often have a warrant without an arrest, in fact that is what a warrant is for. They don't always come like gangbusters in full out uniforms and weapons, especially for stuff like this.

In fact, an officer can serve you with a "Notice to appear for a person not yet charged". This means there is enough evidence of a crime that they can have you appear in court on a certain date but you are not formally charged with anything. These files normally go to the Crown Attorney (District Attorney...I am Canadian) who then decides if it is worth it prosecuting the person for the crime.

Also, to another answerer here, it is not illegal to provide legal advice, it is illegal to practice law or take compensation for providing legal advice when  you are not a lawyer. If you are under the impression that it is illegal, why are you answering questions in law and ethics?

Answer 4

If the officer has a warrant, he would serve it and take them into custody.  

or

They can present themselves at the police station and say they understand that there is a warrant for them.  If there is, they will be processed and mostly likely released until a hearing or trial.  If the officer is lying, the department will take over from there as far as the officer is concerned.

They should consider getting their own lawyers.

Answer 5

the water bill has to be paid first thing. was the assault between brother and sister? if so they should sit down and squash it. if the house is in his name then it's legally his, what is puzzling is how someone else owns the land the house sits on . the charges are being looked at meaning a decision has not been made yet. before you deal with the house, get the assault crushed. it can be done.

Answer 6

If the City thinks they can get a nickle out of someone they will give it a try.

Answer 7

Creative writing classes would help.

Answer 8

Hmm, something is wrong with the story.  The city doesn't care who pays a water bill.  They only care that it gets paid.  In fact, my utility bill from the city doesn't even have my name on it and if it doesn't get paid they would cut off the service - they don't care who is in the house...